Nasimuddin Ansari vs The State Of Jharkhand Through The ...
2024 Latest Caselaw 3549 Jhar

Jharkhand High Court

Nasimuddin Ansari vs The State Of Jharkhand Through The ... on 3 April, 2024

Author: S.N. Pathak

Bench: S.N. Pathak

IN THE HIGH COURT OF JHARKHAND AT RANCHI
                  W.P.(S) No. 1406 of 2024
 1.  Nasimuddin Ansari
 2.  Suresh Kumar Mandal
 3.  Nasim Akhtar
 4.  Shamsher Ansari
 5.  Sultan Ansari
 6.  Md. Heidar Ansari                                  .... Petitioners
                              Versus
 1.  The State of Jharkhand through the Principal Secretary, School
     Education and Literacy Department, Ranchi.
 2.  Principal Secretary, School Education and Literacy Department, Govt.
     of Jharkhand, Ranchi.
 3.  The Director, Primary Education, School Education and Literacy
     Department, Govt. of Jharkhand, Ranchi.
 4.  The Deputy Commissioner cum Chairman, District Education
     Establishment Committee, Hazaribagh.
 5.  The District Superintendent of Education, Hazaribagh.
 6.  The Deputy Commissioner cum Chairman, District Education
     Establishment Committee, Giridih.
 7.  The District Superintendent of Education, Giridih.
 8.  The Deputy Commissioner cum Chairman, District Education
     Establishment Committee, Dhanbad.
 9.  The District Superintendent of Education, Dhanbad.
 10. The Deputy Commissioner cum Chairman, District Education
     Establishment Committee, Jamtara.
 11. The District Superintendent of Education, Jamtara.
 12. The Deputy Commissioner cum Chairman, District Education
     Establishment Committee, Deoghar.
 13. The District Superintendent of Education, Deoghar.
 14. The Deputy Commissioner cum Chairman, District Education
     Establishment Committee, Bokaro.
 15. The District Superintendent of Education, Bokaro.
 16. The Deputy Commissioner cum Chairman, District Education
     Establishment Committee, Dumka.
 17. The District Superintendent of Education, Dumka.
 18. The Deputy Commissioner cum Chairman, District Education
     Establishment Committee, Pakur.
 19. The District Superintendent of Education, Pakur.
 20. The Deputy Commissioner cum Chairman, District Education
     Establishment Committee, Ramgarh.
 21. The District Superintendent of Education, Ramgarh.
 22. The Deputy Commissioner cum Chairman, District Education
     Establishment Committee, Koderma.
 23. The District Superintendent of Education, Koderma.
 24. The Deputy Commissioner cum Chairman, District Education
     Establishment Committee, Sahebganj.


                                    1
      25.   The District Superintendent of Education, Sahebganj.
                                                        .... Respondents
                              ------

CORAM : HON'BLE DR. JUSTICE S.N. PATHAK

------

For the Petitioners : Mr. Arpan Mishra, Advocate For the State : Mr. Nawal Kishore Pandey, AC to SC(L&C)-I

------------

2/ 03.04.2024 The petitioners have approached this Court with a prayer for a direction upon the respondents to allow them to participate in the counselling process in the respective districts for which they have applied for consideration of their candidatures under Para/ Non-Para categories for remaining vacancies of Intermediate Trained Teachers for Classes 1 to 5 / 6 to 8 and if the petitioners are found eligible, they may be suitably appointed as they have already applied against the vacancies in different districts in the year 2015 and the candidates having lesser marks than the petitioners have been called and allowed to participate in the counselling.

2. Learned counsel appearing for the petitioners submits that the similar issue fell for consideration before this Court in W.P.(S). No. 2378 of 2019 (Paras Nath Mandal Vs. the State of Jharkhand & Ors.) and other analogous cases and this Court after hearing the parties vide its judgment delivered on 16.02.2022, allowed the said writ petitions with the following directions:

"18. .................. I hereby direct the respondents to initiate process of counseling for the present petitioners by way of last opportunity, since they have obtained more marks than the last selected candidates in the merit list. The petitioners shall approach the Deputy Commissioners of the concerned Districts, as early as possible, preferably, within a period of eight weeks from the date of receipt of a copy of this order and thereafter, the Deputy Commissioner shall initiate the process of counseling after giving proper notice to the petitioners by way of Press Communique, advertising the notice in the local newspaper having the wide circulation in the concerned Districts and also by putting the notice on the Notice Board of the Office of concerned District Superintendent of Education and thereafter, the entire process of counseling be completed within a period of further four weeks subject to fulfilling the eligibility criteria and also if the present petitioners have secured more marks than the last selected candidates."

3. Thereafter, the respondent-State challenged the said order before the Division Bench of this Hon'ble Court in LPA No. 203 of 2022 and the Division Bench of this Hon'ble Court dismissed the LPA preferred by the respondent-State. The relevant para of the said judgment reads as under:

"57. This Court, on entirety of facts and circumstances, is of the view that the order passed by learned Single Judge needs no interference by this Court and the direction so passed by learned Single Judge needs no interference by this Court and is required to be complied with at an earliest as the vacancies is of the year 2015 and it must be put to logical end without snatching right of candidates, if they are otherwise eligible. Therefore, the appellants-State are hereby directed to:

I. Initiate the process of counseling forthwith for the present petitioners by way of last opportunity as it is alleged they have obtained more marks than the last selected candidates in the merit list in the respective districts.

II. The petitioners shall approach the Deputy Commissioners of the concerned Districts, as early as possible, preferably, within a period of four weeks from the date of receipt of a copy of this order.

III. However, in the meantime, the Deputy Commissioner of the concerned district shall give proper notice to the petitioners by way of Press Communique, advertising the notice in the local newspaper having the wide circulation in the concerned Districts and also by putting the notice on the Notice Board of the Office of concerned District Superintendent of Education. IV. This Court hopes and trusts that the entire process of counseling will be completed within a period of further eight weeks subject to fulfilling the eligibility criteria and also if the present petitioners have secured more marks than the last selected candidates.

V. It is made clear that the entire process of selection shall be made strictly in accordance with relevant rules/regulations and judicial pronouncements, as mentioned above, within a period of four months from the date of receipt/production of copy of this order.

VI. Let it be made clear that no further counselling shall be held for any reasons whatsoever as the advertisement for appointment of these teachers are of 2015 and the aforesaid directions have been issued in peculiar facts and circumstances of the case, which shall be not taken as precedent."

4. Learned counsel for the petitioners further submits that since similar issue has already been decided by this Court, present petitioners are also entitled for the similar benefits, what has been extended to the petitioners of W.P.(S). No. 2378 of 2019 (Paras Nath Mandal Vs. the State of

Jharkhand & Ors.) and other analogous cases.

5. Learned counsel for the respondent-State has no objection to the same.

6. In view of the fair submissions made by the learned Counsel for the parties, this writ petition is being disposed of in terms of the order dated 16.02.2022, passed by this Court in case of in W.P.(S). No. 2378 of 2019 (Paras Nath Mandal Vs. the State of Jharkhand & Ors.) and other analogous cases as well as LPA No. 203 of 2022 and if the cases of the present petitioners are found to be same and similar to the cases of the petitioners in W.P.(S). No. 2378 of 2019 (Paras Nath Mandal Vs. the State of Jharkhand & Ors.) and other analogous cases, the present petitioners are also entitled for the same benefits.

7. Accordingly, I hereby direct the respondents-authorities to verify the factual aspects/issues involved in the present writ petition vis. a vis. factual aspects/issues involved in W.P.(S). No. 2378 of 2019 (Paras Nath Mandal Vs. the State of Jharkhand & Ors.) and other analogous cases, and if the facts/issues involved in the present writ petition is found to be similar to the aforementioned writ petition, the same benefits may be extended to the present petitioners also in accordance with law, within a period of eight weeks from the date of receipt/ production of a copy of this order.

8. Since it has been brought to the notice of the Court that the respondents have fixed the date of counselling on 25 th April, 2024, the respondents are directed to conclude the counselling by that date and no further application shall be entertained after the said date in view order passed by this Court in W.P.(S). No. 2378 of 2019 (Paras Nath Mandal Vs. the State of Jharkhand & Ors.) and other analogous cases.

9. With these observations and directions, this writ petition stands disposed of.

(Dr. S.N. Pathak, J.)

R.Kr.